Full Description
The abundance of Roma rights cases before international and European courts reflects the Roma's systemic marginalization as well as their resolve to push the boundaries of human rights law. The Roma have increasingly raised concerns through strategic litigation, urging the courts to develop their jurisprudence and adjust the scope of human rights applications. This edited volume examines these cases, exploring the extent to which strategic litigation can and does push the boundaries of human rights.
Adopting a long-needed yet untested approach, the volume situates Roma rights within the broader human rights edifice and identifies its key contributions. The volume focuses on the (quasi) jurisprudence of the European Court of Human Rights, the Court of Justice of the EU, and the European Committee of Social Rights, with several chapters also drawing parallels with jurisdictions beyond Europe. Its contributing authors span a broad range of disciplines, including human rights law, political science, climate justice, and ethnology.
Combining rich doctrinal and socio-legal analysis, The Rights of Roma in European Courts is an unparalleled resource for scholars and practitioners seeking to understand the systemic discrimination faced by the Roma and explore legal solutions for countering it.
Contents
1: Kristin Henrard and Lilla Farkas: Introduction
Part I The context: Roma rights between politics and the law
2: Peter Vermeersch: Varieties of understanding the plight of the Roma in Europe: implications for human rights activism and litigation strategies
3: Balázs Majtényi: 1. European Organisations and the protection of Roma rights: Policy priorities, fragmentation and mutual learning
Part II The conceptual frame
4: Chris Gledhill: Strategic Litigation before the European Court of Human Rights and Roma Rights
5: Kristin Henrard: International Courts and the Interpretation/Adjudication of Human Rights: about possibilities and constraints
6: Kristin Henrard: The European courts' engagement with systemic discrimination: different shades of acknowledgement and implications for review
7: Kristin Henrard and Christopher Roberts: Foregrounding the burden of proof in cases of systemic discrimination against Roma by the European Court of Human Rights and the European Committee of Social Rights
Part III Strategic Roma rights litigation in European courts
8: Aleksandra Gliszczynska-Grabias and Anna Sledzinska-Simon: Anti-Roma hate speech cases before the ECtHR
9: Dezideriu Gergely: Limits and opportunities of desegregation litigation in education in view of European jurisprudence and related developments
10: Helen O'Nions: The right to a home: a comparison of juridical approaches to systemic discrimination in the European Court of Human Rights and the European Committee on Social rights
11: Mária Herczog and Zsolt Körtvélyesi: Addressing Discrimination in Removal of Romani Children from their Families
12: Serena D'agostino and Tina Magazzini: Intersectional Discrimination and Romani Women's (Reproductive) Rights
Part IV Socio-Legal analysis of strategic Roma rights litigation in European courts
13: Lilla Farkas: The ontology and ethics of Roma rights jurisprudence
14: Julija Sardelic: Revealing human rights boundaries through ECtHR Judges' dissenting opinions: An act of judicial activism?
15: Tamas Kadar and Istvan Haller: The contribution of Equality bodies to countering discrimination against Roma in the EU
16: Gwendolyn Albert, Lilla Farkas and Eva Esther Sobotka: Seeking justice for forcibly sterilized Romani women: human rights field work, advocacy, litigation, policy change
17: Darren O Donovan: Searching for a foothold: Strategic Litigation and Roma/Traveller Housing Campaigns in Europe
18: Maro%s Matia%sko and Marek Szilvasi: Facing Reification of Vulnerability: Roma, Environmental Justice and the Failed Potential of the Hudorovi? Case
